HomeMy WebLinkAbout1986.09.15 ORD 1986-237 i
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ORDINANCE 1986- 237
AN ORDINANCE AMENDING CHAPTER 320 OF THE HUGO CITY
CODE ENTITLED "ZONING" BY ADDRESSING MANAGEMENT OF
SHORELAND AREAS IN THE CITY OF HUGO.
The City Council of the City of Hugo, Washington County, Minnesota,
hereby ordains:
In section 320-4, Subd. M. ! entitled "LAKESHORE, SHORELAND LAKE & WATER
FRONTAGE, delete See Section 320-5, Subd. G, for applicable regulations."
Insert, in lieu thereof, the following: "See Chapter 320, ARTICLE III,
for applicable regulations.
In Section 320-4, Subd. N. , entitled "FLOOD PLAIN", last paragraph, delete
"320-5, Subd. G" and insert, in lieu thereof, the following: 320-20,
ARTICLE II, Flood Plain Management".
In Section 320-5, Subd. G. , entitled "LAKESHORE, LAKE, WATER FRONTAGE LOTS
AND FLOOD PLAIN CONTROL", delete in its entirety. Add ARTICLE III,
SHORELAND MANAGEMENT, attached hereto and incorporated herein by reference.
EFFECTIVE DATE. This Ordinance shall become effective from and after
its adoption and publication. The official copy of the Hugo City Code
shall be amended to reflect the within changes upon passage and publication
of this Ordinance.
ADOPTED AND PASSED THIS /S-4 DAY OF ......r;/0, , 1986.
�Lo
. Michael McAllister Mayor
ATTEST:
Mary A - reager, City Cle
Published in the Forest Lake Times this /C-4 day of 0e.. ..0-1_4_,A, and
this ,R,3 A-4 day of , 1986.
NOTICE OF ORDINANCE ENACTMENT
The Hugo City Council adopted and passed Ordinance 1986-237
entitled, "AN ORDINANCE AMENDING CHAPTER 320 OF THE HUGO
CODE ENTITLED "ZONING" BY ADDRESSING MANAGEMENT OF SHORELAND
AREAS IN THE CITY OF HUGO" , on September 15 , 1986 , a complete
copy of which is on file and available for inspection by the
public during regular office hours in the office of the City
Clerk, Hugo City Hall , 5524 Upper 146th Street, Hugo, MN.
In compliance with M.S.A. 412. 191, Subd. 4 , the Hugo City
Council has directed the following Summary of said Ordinance
be published.
Summary
Hugo has established a policy of controlling use of Shorelands
because the uncontrolled use of Shorelands adversly affects
the public health, safety, and general welfare by contributing
to water pollution and impairing land values . Certain Protected
Waters, as classified by Department of Natural Resources (DNR) ,
have been given Shoreland Management Classifications, and a
Shoreland Overlay District zoning classification established.
Provisions are included establishing uses that are permitted,
require special use permit, are substandard, and are prohibited.
Shorelands are subject to the underlying Zoning requirements
as well as additional requirements and standards relating to
structure setbacks and heights, maximum lot coverage and
private sewage system setbacks for sewered and unsewered lots.
Provisions are made for usage of substandard lots . Limitations
of roads and parking, floor elevations and setback exceptions
are provided. Limitations of Shoreland alteration through
vegetation removal, grading and filling, excavation and changes
in watercourses are established. A requirement for adequate
sewage disposal or treatment is established, and substandard
systems must be brought in compliance or use discontinued
within 5 years . Water supplies for domestic purposes are
regulated and well permits are required to install , alter,
repair or extend a private well . Subdivision of land in the
Shoreland Overlay District must be reviewed by the City of Hugo
and plats are subject to review by DNR prior to approval by
Hugo, to ensure increased density is consistent with resource
limitations . Existing inconsistent regulations are repealed.
46�t d1=1/4 (-41-4�:G()
J. Michael McAllister, Mayor
City of Hugo
NITEST:
// e/2, 6ce---A----i-v /c-e-,;.-fe-i4L-,
Mary Creager, City ci 'y
e.
L.
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ss
COUNTY OF WASHINGTON
Duane A. Rasmussen , being duly sworn, on oath says that he is the
publisher or authorized agent and employee of the publisher of the
newspaper known as The Times, and has full knowledge of the facts
which are stated below:
(A) The newspaper has complied with all of the requirements con-
stituting qualification as a legal newspaper, as provided by Minnesota
by Department of Natural Resources
(DNR), have been given Shoreland n7 other nli a laws, as amended.
Management Classifications, and a,lute 331A.02, 331A.07 and other applicable trs, amended.
Shoreland Overlay District zoning
classification established. Provisions
are included establishing uses that are B)The printed public notice
permitted, require special use permit,
are substandard, and are prohibited.
Shorelands are subject to the underlying
Zoning requirements as well as
additional requirements and standards.
relating to structure setbacks and Ich is attached was cut from the columns of said newspaper, and
heights, maximum lot coverage and
private sewage system setbacks fors printed and published once each week for two successive
sewered and unsewered lots.Provisions
City of Hugo are made for usage of substandard lots.
Limitations of roads and parking,floor nkS it was first published on ibursday the lb day
elevations and setback exceptions are +
NOTICE OF provided. Limitations of Shoreland al-
teration through vegetation removal, October 19 tib , and was thereafter printed and published
0t
ANCE ENACTMENT grading and filling, excavation and
o City Council adopted and changes in watercourses are estab-
painance1986-237 entitled,"AN lished.Arequirementforadequatesew- 'h week to and including Thursday , the 23 day
ORDINANCE AMENDING CHAPTER age disposal or treatment is established,
320 OF THE HUGO CODE ENTITLED and substandard systems must be October 19 tS b
"ZONING" BY ADDRESSING MAN- brought in compliance or use dis- .
AGEMENT OF SHORELAND AREAS continued within 5 years.Water supplies
IN THE CITY OF HUGO,"on Septem- for domestic purposes are regulated and
ber 15,1986,a complete copy of which is well permits are required tot install, b- O-
on
file and available for inspection by ter,repair or extend a private well.Sub-
Sub-
the public during regular office hours in division of land in the Shoreland Overlay BY: /L1'� j
the office of the City Clerk, Hugo City District must be reviewed by the City of
Hall,5524 Upper 146th Street,Hugo,MN. Hugo and plats are subject to review by Publisher
In compliance with M.S.A.412.191,Subd. DNR prior to approval by Hugo, to TITLE:
4,the Hugo City Council has directed the ensure increased density is consistent
following Summary of said Ordinance with resource limitations. Existing in-
be published. consistent regulations are repealed.
Summary /s/J.Michael McAllister scribed and sworn to before me on
Hugo has established a policy of con- J.Michael McAllister,Mayor
trolling use of Shorelands because the City of Hugo twenty-fourth
uncontrolled use of Shorelands adversly ATTEST:
affects the public health, safety, and /s/Mary Ann Creager
general welfare by contributing to water Mary Ann Creager,City Clerk
pollution and impairing land values. (Published in THE TIMES October 16, of October 19$6
Certain Protected Waters,as classified 23,1986)
. V24444.A.14
Notary Public
(Notorial Seal)
(1)Lowest classified rate paid by commercial
users for comparable space $ 3.85 col.inch
(2)Maximum rate allowed by law for the above 4.21
matter $ col.inch
(3)Rate actually charged for the above matter $ 3.85 col.Inch
(4)Rate actually charged for additional
2.10
insertions $ col.Inch
•
ARTICLE III - SHORELAND MANAGEMENT
320-40. STATUTORY AUTHORITY. This Ordinance is adopted pursuant to the
authorization contained in the Laws of Minnesota 1973, Chapter 379, and in
furtherance of the policies declared in Minnesota Statutes 1976, Chapters
105, 115, 116, and 462.
320-41 . POLICY. The uncontrolled use of shorelands of the City of Hugo
affects the public health, safety, and general welfare, not only by con-
tributing to pollution of public water, but also by impairing the local
tax base. Therefore, it is in the best interests of the public, health,
safety, and welfare to provide for the wise development of shorelands of
public waters. The Legislature of Minnesota has delegated responsibility
to the municipalities of the State to regulate the subdivision, use, and
development of the shorelands of public waters and thuse preserve and
enhance the quality of surface waters, preserve the economic and natural
environmental values of shorelands, and provide for the wise utilization
of waters and related land resources. This responsibility is hereby
recognized by the City of Hugo.
320-42. RULES AND INTERPRETATION
Subd. A. Distances. All distances, unless otherwise specified, shall be
measured horizontally.
Subd. B. Definitions. For the purpose of this Ordinance, certain terms
or words used herein shall be interpreted as follows:
( 1 ) Boathouse. A structure used solely for the storage of boats or
boating equipment.
(2) Clear-cutting. The removal of an entire stand of trees.
(3) Cluster Development. See "Planned Unit Development".
(4) Governing Body. The Hugo City Council.
(5) Hardship. A condition where the property in question cannot be
put to reasonable use under the conditions allowed by the official controls;
the plight of the landowner is due to circumstances unique to his property,
not created by the landowner; and the variance, if grnated, will not alter
the essential character of the locality. Economic considerations alone
shall not constitute a Hardship if a reasonable use for the property exists
under terms of the official controls.
(6) Lot. A parcel of land designated by metes and bounds description,
registered land survey, auditor's plot, or other accepted means and separated
from other parcels or portions by said description for the purpose of sale,
lease, or separation thereof. For the purposes of these regulations, a
lot shall be considered to be an individual building site which shall be
occupied by no more than one principal structure equipped with sanitary
facilities. (See also 320-3. Subd. 13 (50 through 61 ) .
-2-
(7) Non-conforming Use. Any use of land established before the effective
date of this Ordinance which does not conform to the restrictions of a part-
icular zoning district. This should not be confused with substandard
dimensions of a conforming use. (See also 320-5, Subd. A. )
(8) Ordinary High Water Mark. A mark delineating the highest water level
which has been maintained for a sufficient period of time to leave evidence
upon the landscape. The ordinary high water mark is commonly that point
where the natural vegetation changes from predominantly aquatic to predom-
inantly terrestrial.
(9) Planned Unit Development. A type of development which may incorporate
a variety of land uses planned and developed as a unit. The Planned Unit
Development is distinguished from the traditional subdivision process of
development in that zoning standards such as density, height limits, and
minimum lot sizes may be altered by negotiation and agreement between the
developer, the municipality, and the Commissioner of Natural Resources.
(See also 320-3, Subd. B. (75) and 320-5, Subd. K) .
( 10) Planning Agency. The Planning Commission or planning department as
created by the Governing Body.
( 11 ) Protected Waters.* Any waters of the State as defined in Minnesota
Statutes 1980, Section 105.37, Subd. 14. However, no lake, pond, or flowage
of less than ten ( 10) acres in size, and no river or stream having a total
drainage area less than two square miles, shall be regulated for the purposes
of these regulations.
( 12) Setback. The minimum horizontal distance between a structure or sani-
tary facility and the Ordinary Highw Water Mark, or between a structure or
sanitary facility and a road, well, highway, or property lines.
( 13) Shall. Mandatory and not permissive.
( 14) Shoreland. Land located within the following distances from protected
waters: (a) 1 ,000 feet from the Ordinary High Water Mark of a lake, pond ,
or flowage; and (b) 300 feet from a river or stream, or the landward extent
of a flood plain on such rivers or streams, whichever is greater. The
practical limits of Shorelands may be less than the statutory limits where
such limits are designated by natural drainage divides at lesser distances,
as shown on the Official Zoning Map of the City.
( 15) Special Use. A use of Shorelands which is permitted within a Zoning
District only when allowed by the City after a public hearing, if certain
conditons are met, which eliminate or minimize the incompatibility of the
Special Use with other Permitted Uses of the District. (See 320-7) .
( 16) Structure. Any building (including mobile homes) or appurtenance
thereto, except aerial or underground utility lines such as sewer, electric,
telephone, telegraph or gas lines, including towers, poles, and other sup-
porting appurtenances.
* Public Waters has been changed to Protected Water. All regulations and
requirements remain the same; only the name has been changed.
-3-
(17) Subdivision. Improved or unimproved land or lands which are divided
for the purpose of ready sale or lease, or divided successively within a five
year period for the purpose of sale or lease, into three or more lots or
parcels of less than five (5) acres each, contiguous in area, and which are
udner common ownership or control. (See Chapter 290) .
( 18) Substandard Use. Any use of Shorelands existing prior to the date of
enactment of this Ordinance which is permitted within the applicable Zoning
District, but does not meet the minimum lot area and length or water frontage,
structure setbacks, or other dimensional standards of the Ordinance.
( 19) Variance. Any modification or variation of official controls where
it is determined that, because of Hardships, strict enforcement of the offi-
cial controls is impractical. (See 320-9) .
320-43. DESIGNATION OF TYPES OF LAND USE
Subd. A. Shoreland Management Classification. In order to guide the wise
development and utilization of Shorelands of Protected Waters for the
preservation of water quality, natural characterstics, economic values, and
the general health, safety, and welfare, certain Protected Waters in the
City have been given a Shoreland Management Classification.
These Protected Waters of the City have been calssified by the Commissioner
of Natural Resources, as follows:
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Subd. B. Shoreland Overlay District. The Shorelands of the City of Hugo
are hereby designated as a Shoreland Overlay District. The purpose of the
Shoreland Overlay District is to provide for the wise utilization of Shoreland
areas in order to preserve the quality and natural character of these
Protected Waters of the City.
( 1 ) Permitted Uses. All Permitted Uses allowed and regulated by the
applicable Zoning District underlying this Shoreland Overlay District as
indicated on the Official Zoning Map of the City.
(2) Special Uses.
(a) All Special Uses and applicable attached conditions allowed
and regulated by the applicable Zoning District underlying
this Shoreland Overlay District as indicated on the Official
Zoning Map of the City and as required by Section 320-45.
(b) Boathouses.
(3) Substandard Uses. Substandard Uses, including substandard sanitary
facilities, shall be allowed to continue; however, any structural altera-
tion or addition to a Substandard Use, which will increase the Substandard
Use intensity or dimensions, shall not be allowed.
(4) Prohibited Uses. Any uses which are not Permitted or Special Uses,
as regulated by the applicable Zoning District underlying this Shoreland
Overlay District, as indicated on the Official Zoning Map of the City.
320-44. ZONING PROVISIONS
Subd. A. Standards. The following Standards shall apply to all Shorelands
of the Protected Waters, listed in Section 320-43 of this Ordinance, within
the City. Where the requirements of the underlying Zoning District, as
shown on the Official Zoning Map, are more restrictive than those set forth
herein, then the more restrictive standards shall apply:
-7-
NATURAL RECREATIONAL GENERAL
ENVIRONMENT DEVELOPMENT DEVELOPMENT
WATERS WATERS WATERS
( 1 ) Unsewered Areas:
Lot Area (sq. ft. ) SEE ZONING DISTRICT MAP
Water frontage and lot
width at building line (ft) 200 150 100
Structure setback from Ordinary
High Water Mark (ft) 200 100 100
Structure Setback from roads
and Highways (ft)
(a) Federal, state or county 50 50 50
(b) Town or public 20 20 20
Structure height limitation (ft) 35 35 35
Maximum lot area covered by
impervious surface (%) 30 30 30
Sewage system setback from
Ordinary High Water Mark (ft) 150 100 100
(2) Sewered areas. All provisions for unsewered areas shall apply to sewered
areas except for the folloiwng, which shall supersede the provisions applied
to unsewered areas:
Lot area (sq. ft. ) SEE ZONING DISTRICT MAP
Water frontage and lot width
at building line (ft) 125 75 75
Structure setback from
Ordinary High Water Mark (ft) 150 100 100
Subd. B. Substandard Lots:
( 1 ) Lots of record in the Office of the County Register of Deeds (or Registrar
of Titles) prior to date of enactment of this Ordinance, which do not meet
the requirements of Section 320-44, Subd. A, may be allowed as building sites
provided:
(a) Such use is permitted in the Zoning District.
(b) The Lot is in separate ownership from abutting lands, and
(c) All other sanitary and dimensional requirements of this Shoreland
Management Ordinance are complied with insofar as practical.
-8-
Subd. C. Roads and Parking Areas. Roads and parking areas shall be located
to retard the runoff of surface waters and nutrients in accordance with the
following criteria:
( 1 ) Where feasible and practical, all roads and parking areas shall meet
the setback requirements established for structures in Section 320-44, Subd. A.
(2) In no instance shall these impervious surfaces be placed less than 50 feet
from the Ordinary High Water Mark.
(3) Natural vegetation or other natural materials shall be used to screen
parking areas when viewed from the water.
Subd. D. Elevation of Lowest Floor. Structures shall be placed at an elev-
ation consistent with the City's Flood Plain Management Control.
Subd. E. Exceptions to Structure Setback Requirements.
( 1 ) Setback requirements from the Ordinary High Water Mark shall not apply
to Boathouses, piers, and docks. Location of piers and docks shall be
controlled by applicable state and local regulations. Boathouses may be
allowed as a Special Use provided they are not used for habitation and
do not contain sanitary facilities.
(2) On undeveloped Shoreland Lots that have two (2) adjacent lots with
existing Principal Structures on both such adjacent lots, any new residential
structure may be set back the average setback of the adjacent structures
from the Ordinary High Water Mark or fifty (50) feet, whichever is greater,
provided all other provisions of the Shoreland Overlay District are com-
plied with.
320-45. SHORELAND ALTERATIONS
Subd. A. Vegetation Removal. The removal of natural vegetation shall be
restricted to prevent erosion into protected waters, to consume nutrients
in the soil, and to preserve Shoreland aesthetics. Removal of natural
vegetation is the Shoreland Overlay District shll be subject to the fol-
lowing provisions:
( 1 ) Selective removal of natural vegetation is allowed, provided that
sufficient vegetation cover remains to screen cars, dwellings, and
other structures, when viewed from the water.
(2) Clear-cutting of natural vegetation is prohibited.
(3) Natural vegetation shall be restored insofar as feasible after any
construction project is completed to retard surface runoff and soil erosion.
(4) The provisions of this section shall not apply to permitted uses which
normally required the removal of natural vegetation.
Subd B. Grading and Filling. Grading and Filling in Shoreland areas or any
alteration of the natural topography where the slope of the land is toward
a protected water or a watercourse leading to a Protected Water must be
authorized by a permit. The permit may be granted subject to the conditions that:
-9-
( 1 ) The smallest amount of bare ground is exposed for as short a time
as feasible.
(2) Temporary ground cover, such as mulch, is used, and permanent ground
cover, such as sod, is established.
(3) Methods to prevent erosion and trap sediment are employed.
(4) Fill is stabilized to accepted engineering standards.
Subd. C. Excavation. Excavations on shoreland, when the intended purpose
is connection to a Protected Water, shall require a permit from the City
Council or the Council may designate an officer authorized to issue a
permit before construction is begun. The City will take no action on such
permits until the Commissioner of Natural Resources has issued a permit.
any applicant who has applied to the Commissioner of Natural Resources,
and not received a decision on the DNR permits within 90 days, may request
the City Council to issue the City Permit. The City Council, having
received such a request, shall notify the Commissioner in writing, and
request an explanation for the delay on the part of the DNR. Receipt of
an explanation, satisfactory to the City Council, will continue to be
cause for the City to delay acting on the City Permit. No response or
a response deemed unreasonable by the City Council, may cause the Council
to act on the applicants request by issuing or denying the City's permit.
Subd. D. Change of Watercourse. Any work which will change or diminish
the course, current or cross-section of a Protected Water or wetland, shall
be approved by the Commissioner of Natural Resources, and such approval shall
be construed to mean the issuance by the Commissioner of Natural Resources
of a permit under the procedures of Minnesota Statutes, Section 105.42,
and other related statutes.
Subd. E. Watershed District or Water Management Organization. All
developments in Shoreland areas shall comply with the requirements of the
applicable Watershed District or Water Management Organization for grading
and filling, and stormwater management.
320-46. SEWAGE TREATMENT
Subd. A. Sewer Requirement. Any premises intended for human occupancy
shall be provided with an adequate method of sewage treatment to be maint-
ained in accordance with acceptable practices and standards referenced in
Hugo City Code, Section 262.
Subd. B. Public Sewer Usage. Public or municipal collection and treatment
facilities shall be used where available and where feasible.
Subd. C. Existing Systems. All existing sewage treatment systems incon-
sistent with the standards referenced in 320-46 shall be brought into
conformance or discontinued within five (5) years from the date of enactment
of this Ordinance. Any non-conforming sanitary facility found to be a
public nuisance shall be brought into conformity or discontinued within
30 days after receiving written notice from the Zoning Administrator.
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320-47. WATER SUPPLY
Subd. A. Requirements. Public or private supplies of water for domestic
purposes shall conform to Minnesota Department of Health standards for
water quality.
Subd. B. Public Water Usage. Public or minicipal water supplies shall
be used where available and where feasible. This applies only for Shoreland
Overlay District.
Subd. C. Permit. No perosn, firm, or corporation shall install, alter,
repair or extend any private well without first obtaining a permit from the
Zoning Administrator for the City.
Subd. D. Well Location. Private wells shall be located in a manner to be
free from flooding and the top shall be so constructed and located as to be
above all possible sources of pollution. Wells already existing in areas
subject to flooding shall be floodproofed.
Subd. E. Basement Spacing. No private well shall be located closer than
three (3) feet to the outside basement wall of a dwelling. The outside
basement footing shall be continuous across the opening of the well alcove.
No well shall be located closer than fifteen (15) feet to a property line.
320-48. SUBDIVISIONS (See also Chapter 290)
Subd. A. Unsuitable Land. No land shall be subdivided which is held
unsuitable by the City for the proposed use because of flooding, inadequate
drainage, soil and rock formations with severe limitations for development,
severe erosion potential, unfavorable topography, inadequate water supply
or sewage treatment capabilities, or any other feature likely to be
harmful to the health, safety, or welfare of future residents of the
proposed subdivision or of the community.
Subd. B. Plat Copy Filing. Copies of all plats within the Shoreland
Overlay District shall be submitted to the Commissioner of Natural Resources
within ten ( 10) days of final approval of the City.
Subd. C. Planned Unit Development (PUD) . Altered zoning standards may be
allowed as exceptions to this Ordinance for PUD's provided preliminary
plans are approved by the Commissioner of Natural Resources prior to
their approval by the City, and further provided:
( 1 ) Central sewage facilities shall be installed which meet applicable
standards of the Minnesota Pollution Control Agency or the PUD is connected
to a municipal sanitary sewer.
(2) Open space is preserved through the use of public dedications or
other methods.
(3) The following factors are carefully evaluated to ensure the increased
density of development is consistent with the resource limitations of the
Protected Water:
(a) suitablity of the site for the proposed use;
(b) physical and aesthetic impact of increased density;
(c) level of current development;
(d) amount and ownership of undeveloped Shoreland;
(e) levels and types of water surface use and public accesses;
(f) possible effects on over-all public use.
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(4) Any commercial, recreational, community, or religious facility allowed
as part of the Planned Unit Development shall conform to all applicable federal
and state regulations including, but not limited to, the following:
(a) licensing provisions or procedures;
(b) waste disposal regulations;
(c) water supply regulations;
(d) building codes;
(e) safety regulations;
(f) regulations concerning the appropriation and use of Protected Waters
as defined in Minnesota Statutes 1974, Chapter 105; and
(g) applicable regulations of the Minnesota Environmental Quality Board.
(5) The final plan for a PUD shall not be modified, amended, repealed, or
otherwise altered unless approved, in writing, by the developer, the munic-
ipality, and the Commissioner.
(6) There are centralized Shoreline recreation facilities such as beaches,
docks, and boat launching facilities.
320-49. NOTIFICATION PROCEDURES
Subd. A. Notice To Commissioner DNR. The Planning Commission shall hold a
public hearing, and a copy of the notice of public hearing to consider a Variance
to the provisions of the Shoreland Overlay District, a Special Use or incon-
sistent plat in the Shoreland Overlay District, shall be sent to the Com-
missioner of Natural Resources such that the notice is received by the Commissioner
at least ten ( 10) days prior to such hearings.
Subd. B. Filing Copies. A copy of all amendments to this Ordinance and final
decisions granting Variances or Special Uses within the Shoreland Overlay
District shall be sent to the Commissioner of Natural Resources within
ten ( 10) days of the amendment of final action.
320-50. EFFECTIVE DATE
This Ordinance shall become (ffective from and after its adoption and publication.
ADOPTED AND�-1SSED THIS /..) ' DAY OF I . , 1986.
G �
J. Michael McAllister, Mayor
ATTEST:
Mary A reager, City Cl
Published in the Forest Lake Times this A-4 day of A4.42t. and
this;?3''-4 day of (AZ-4,a , 1986.
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